HomeMy WebLinkAboutPlanning Commission Packet 01-24-1990PLANNING COMMISSION MEETING AGENDA WHERE: Plymouth City Center
WEDNESDAY, JANUARY 24, 1990 3400 Plymouth Boulevard
CITY COUNCIL CHAMBERS Plymouth, MN 55447
CONSENT AGENDA
All items listed with an asterisk ( *) are considered to be routine by the
Planning Commission and will be enacted by one motion. There will be no
separate discussion of these items unless a Commissioner, citizen or
petitioner so requests, in which event the item will be removed from the
consent agenda and considered in normal sequence on the agenda.*
7:15 P.M.
1. CALL TO ORDER 7:30 P.M.
4.* APPROVAL OF MINUTES January 10, 1990
5. NEW BUSINESS
A. City of Plymouth. Fire Station #1. Site Plan and Variance located
at 13205 County Road 6 (89114)
A. Medicine Lake Lutheran Church. Rezoning, Site Plan, Conditional Use
Permit, and Variance to Construct a Place of Worship and Day School
located at the southwest corner of Zachary Lane and Old Rockford
Road (89086)
B. DeVries /Wild Wings Addition. Lot Division /Lot Consolidation and
Variance located at 4925 Valley Forge Lane /10805 49th Ave (89101)
A. 1990 Calendar
B. Task Force Study Committee for Official Controls Element
C. Joint Meeting with City Council
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: January 16, 1990 COMMISSION MEETING DATE: January 24, 1990
FILE NO.: 89114
PETITIONER: City of Plymouth, Dick Carlquist (Public Safety Director)
REQUEST: Site Plan and Variance
LOCATION: 13205 County Road 6
GUIDE PLAN CLASS: IP (Planned Industrial)
ZONING: I -1 (Planned Industrial)
BACKGROUND:
The original building was constructed in the early 60s, and no development
actions regarding the parcel have been approved since that time.
Property owners within 100 feet have been notified of this public meeting.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant proposes construction of a new 8,500- square foot fire
station. The existing fire station is to be razed in total to provide a
site for the new facility.
2. The proposed Site Plan is responsive to the City of Plymouth's policies,
codes, and ordinances that apply to this type of construction.
Specifically, the Site Plan proposes structure setbacks consistent with
the Zoning Ordinance; landscaping consistent with the Landscape Policy;
screened roof top units consistent with the Zoning Ordinance; on -site
lighting to illumination standards established by the Zoning Ordinance;
storage of trash within the principal structure; and fire lane /fire
protection consistent with the City Fire Code (except as noted).
3. The applicant requests variances as follows:
a. Drive aisle to front lot line (12.5 feet versus 25 feet) along 16th
Avenue.
b. Drive aisle to side yard (3 feet versus 15 feet).
c. Parking stall to front yard (28.5 feet versus 50 feet).
see next page)
File 89114
Page Two
d. Parking stall to side yard (19 feet versus 20 feet).
e. Parking stall to building (2.5 feet versus 10 feet).
f. Required parking (22 stalls versus 28 stalls).
4. The architectural appearance of the proposed structure is that of face
brick with metal panels similar to that of City Hall.
5. The site is located within the Bassett Creek Drainage District. It is not
located within a Shoreland Management Zone, nor does it contain any
wetlands. The site contains no major woodlands or severe slopes. The
soils are suitable for urban development with public sewers.
PLANNING STAFF COMMENTS:
1. The petitioner has addressed the variance criteria in the attached
narrative. The petitioner notes that the triangular shape of the lot
combined with the size of the lot make it very difficult to lay out even a
small building without variances to the site. We find merit to the
variances being requested due to the size and shape of the lot combined
with the unique nature of the proposed use and the hardships which would
be created if the setbacks were required to be met.
2. We find the critical frontage to be that of County Road 6 from both an
appearance and sight distance perspective. We note all structure and
parking setbacks are maintained along this critical street frontage.
3. The architectural appearance of the proposed structure is consistent with
the terms of the City of Plymouth policy regarding building aesthetics and
architectural design; determination of compatibility accounts for the new
structure under development to the west.
RECOMMENDATION:
I hereby recommend approval of the requeste44ite Plan and variances.
Submitted by:
Char es E. Dilleru , Community Development Coordinator
ATTACHMENTS:
1. Recommendations for Approval of Site Plan with Variances
2. Engineer's Memorandum
3. Location Map
4. Petitioner's Narrative
5. Variance Criteria
6. Large Plans
pc /cd /89114:dl)
APPROVING SITE PLAN AND VARIANCES FOR THE CITY OF PLYMOUTH TO CONSTRUCT A FIRE
STATION (89114)
WHEREAS, the City of Plymouth has requested a Site Plan and variances to
construct a new fire station, replacing the existing fire station located at
13205 County Road 6; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby does approve the request by the City of
Plymouth for a Site Plan and variances to construct a new fire station,
replacing the existing fire station located at 13205 County Road 6, subject to
the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of building permit issuance.
3. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
4. Any signage shall be in compliance with the Ordinance, and the existing
sign and planter at the northeast corner of the site shall be removed.
5. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
6. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
7. All waste and waste containers shall be stored within the structure, and
no outside storage is permitted.
8. An 8 -1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted
prior to the release or reduction of any site improvement bonds per City
Policy.
City of Plymouth
E N G I N E E R' S M E M O
to
Planning Commission & City Council
DATE: January 18, 1990
FILE NO.: 89114
PETITIONER: Mr. Lyle Robinson, Fire Chief, City of Plymouth, 3400 Plymouth
Boulevard, Plymouth, MN. 55447
SITE PLAN: FIRE STATION NO. I
LOCATION: South of County Rd. 6, west of Water Tower Circle in the southeast
one quarter of Section 27.
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No 1 and
No. 2•
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4. Area assessments estimated - None.
5. Other additional assessments estimated: None.
LEGAL/EASEMENTS/PERMITS:
6. _ X Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as the site plan
approval.
N/A Yes No
7. _ _ X Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required
it is necessary for the owner to submit separate easement documents
executed and in recordable form prior to the issuance of any
building permits.)
8. X _ _ Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100
year high water elevation and conformance with the City's
comprehensive storm water requirements.
9. X All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
10. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated.
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he,may file.the required easements referred to above.
2-
N/A Yes No
12. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
X Hennepin County
MPCA
State Health Department
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
13. _ XX _ Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their recommendations
shall be incorporated in a revised plan. The grading and drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
14. _ X Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
15. X Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer. The minimum size for the storm sewer from the
catch basin on the west side of the driveway, easterly to the
manhole shall be 12 ".
16. XX _ Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. X Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W -2. This plate should be
referenced on the site plan.
18. X Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
19. X Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
20. X All existing street right -of -ways are required width -
Additional right -of -way will be required on
21. _ X _ Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
4-
N/A Yes No
22. _ X Curb and gutter provided -
The City requires B -612 concrete curb and gutter at all entrances
and where drainage must be controlled, Curb Stone may be used where
it is not necessary to control drainage. For traffic control either
B -612 or curb stone is required around the bituminous surfaced
parking lot. The site plan shall be revised to indicate compliance
with this requirement.
23. _ X _ Complies with parking lot standards -
The City will require that all traveled areas within the parking
lot, as well as the proposed entrances, shall be constructed to a
7 -ton standard City design with six inches of Class 5 100% crushed
limestone and three inches of 2341 wear or five and one -half inches
of 2331 base and two inches of 2341 wear. All parking areas may be
constructed to a standard 5 -ton design consisting of four inches of
Class 5 100% crushed base and two inch bituminous mat. The site
plan shall be revised to indicate compliance with these
requirements.
STANDARDS:
N/A Yes No
24. _ X It will be necessary to contact Bob Fasching, the City's utility
foreman,
24 hours in advance of making any proposed utility connections to
the City's sanitary sewer and water systems. The developer shall
also be responsible for contacting Jim Kolstad of the Public Works
Department for an excavating permit prior to any digging within the
City's right -of -way. All connections to the water system shall be
via wet tap.
25. X The City will, require reproducible mylar prints of sanitary sewer,
water service and storm sewer As- Builts for the site prior to
occupancy permits being granted.
26. X The site plan complies with the City of Plymouth's current
Engineering Standards Manual. See Items 7. 8. 11, 12, 15, 27A and
27B•
5-
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ow"a 13 Ib OVIZ&V •
27. A. All new connections to the watermain shall be wet tapped, this valve will also
serve as a hydrant valve.
B. Hennepin County comments:
o No additional right -of -way will be required on County Rd. 6.
o The reconstruction of the existing easterly driveway into an exit only
driveway is acceptable to Hennepin County. An approved Hennepin County
entrance permit will be required before any construction begins.
o The existing westerly drive must be removed and the boulevard restored to
Hennepin County standards.
o A County Permit is required for any work within the right -of -way,
including drainage and utility construction, trail development, and or
landscaping.
o All Hennepin County right -of -way disturbed during construction must be
restored.
C. The existing driveways shall be shown on the grading and site plan. The
concrete curb and gutter must be replaced in kind where the driveway is closed
and where the easterly driveway is relocated.
D. The six inch roof drains may be PVC.
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
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TRD
EN WRIGHT
AND ASSOCIATE ARCHITECTS
This is a Petition for Variances to Zoning Ordinance.
The following is a list of requests for variances to the City of Plymouth Zoning
Ordinance, Section 10, Subdivision B, "Off Street Parking and Loading
Regulations." These requests are based upon the conditions of the physical
surroundings, shape and topographical of this parcel of land. The purposed new
building can be built within the required setback limits. With the required
square footage of the purposed building there is not sufficient unused land area
for the required driveways and parking area. Refer to the enclosed site plan,
C -1 dated December 6, 1989.
A. Requested variances on the Water Tower Circle street side, considered front
yard, are as follows:
1. "Setback of parking or drive from principle building;" ordinance
requires a distance of 10' -01, the purposed plan indicates 2' -6 ".
2. "Front yard setback of parking to lot line;" amended ordinance 89 -02
requires a distance of 50' -01', the purposed plan indicates 12' -61'.
3. "Front lot line to drive;" ordinance requires 25' -0 ", purposed plan
indicates 12' -6 ".
B. Requested variances on the south property line, considered rear lot line,
are as follows:
1. "Setback -of parking or drive from principle building;" ordinance
requires a distance of 10' -011, the purposed plan indicates 2' -611.
2. "Side and rear yard setback of parking to lot line;" amended ordinance
89 -02 requires a distance of 20' -0 ", the purposed plan indicates
3' -0"
3. "Side and rear lot line to drive;" amended ordinance 89 -02 requires
15' -011, purposed plan indicates 3' -0 ".
C. A total of 28 parking stalls are required based upon the building square
footage of 8,300. There is a total of 22 parking stalls shown on the
purposed plan, with 6 deferred.
ect u 1 m i tted,
Michael A. Trossen
Secretary /Treasurer
EL /tb.ZONING
1. That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of the regulations were to be
carried out.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the same zoning
classification.
3. That the purpose of the variation is not based exclusively upon a desire
to increase the value or income potential of the parcel of land.
4. That the alleged difficulty or hardship is caused by this Ordinance and
has not been created by any persons presently having an interest in the
parcel of land.
5. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in
which the parcel of land is located.
6. That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially divai.nish or impair property values within the
neighborhood.
fonns:o >pl /zon.stnd /s) 10/89
Co. A.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: January 16, 1990 COMMISSION MEETING DATE: January 24, 1990
FILE NO.: 89086
PETITIONER: Medicine Lake Lutheran Church
REQUEST: Rezoning, Site Plan, Conditional Use Permits, and Variance
to Construct a Place of Worship and Day School
LOCATION: Southwest Corner of Zachary Lane and Old Rockford Road
1115 Old Rockford Road)
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
The Planning Commission held the required Public Hearing on this item at its
November 29, 1989, meeting and requested staff to notify those people who
spoke at the Public Hearing when this item would be placed back on the agenda.
It was also suggested to the petitioner that they meet with the neighborhood
prior to this item coming back before the Planning Commission to attempt to
have more of a consensus of the neighborhood at the next Planning Commission
meeting.
The item was specifically deferred due to the proposal not meeting Condition 3
of the Conditional Use Permit Standards related to the design and landscaping
being inadequate to reduce the impact on the neighboring properties.
As directed, all persons who spoke at the November 29, 1989, Public Hearing
have been notified by mail of the January 24, 1990, continued consideration of
this application by the Planning Commission.
PRIMARY ISSUES AND ANALYSIS:
1. The petitioner invited the residents to an open meeting on January 10,
1990, to review the revised plans for this proposal.
2. By a memo of January 9, 1990, the architect for the applicant has
requested placement on the Planning Commission agenda of January 24, 1990.
3. The petitioner has revised the grading and landscape plans to provide a
higher berm, more landscaping, and a fence along the westerly property
line to provide a more efficient transition to the residents to the west.
see next page)
File 89086
Page Two
4. The applicant has not addressed changes responsive to the following issues
discussed at the November 29, 1989, Planning Commission meeting:
a. Structure height
b. Structure orientation
c. Spire height
d. Play area location
e. Transition to residential properties south and east for parking or use
5. As directed by the Planning Commission, the height calculations are as
follows:
a. North (Rockford Road) grade to hip roof midpoint - 22.5 feet
b. South (parking lot) rade to hip roof midpoint - 33.5 feet
c. North (Rockford Road grade to top of cross on spire - 54 feet
d. South (parking lot) grade to top of cross on spire - 66 feet
The midpoint of a hip or gable roof is the point of height measurement per
the Plymouth Zoning Ordinance. The maximum height of structure from any
grade is 33.5 feet, and the Zoning Ordinance maximum is 35 feet.
PLANNING STAFF COMENTS:
1. We find the applicant with the amended landscape /grading plans has
responded reasonably to Ordinance provisions regarding screening of off -
street parking "near or adjacent to" residence districts to the west.
We find that additional screening is required from proposed and future
parking to the south (to provide 90 percent year -round capacity), and that
residential properties to the east do not qualify as "near or adjacent to"
in this case.
2. Conditional Use Permit issues of neighborhood compatibility raised by the
November 1, 1989, staff report relate primarily to parking lot screening,
and therefore our comments noted above apply to the Conditional Use Permit
as well.
3. Issues of neighborhood compatibility raised at the Public Hearing and by
the Planning Commission have not all been addressed with the revised
plans. These include:
a. Structure height
b. Structure orientation
c. Spire height
d. Play area location
e. Transition to residential properties to the south
We understand that the applicant does not intend to address those issues
by way of plan modifications, and desires continued consideration of the
applications on that basis.
see next page)
File 89086
Page Three
RECOMMENDATION:
I cannot recommend approval of the Site Plan, Conditional Use Permit, and
variance for Medicine Lake Lutheran Church, without the plan complying with
parking lot screening requirements with respect to residences south of the
site. We also have noted that issues related to the Conditional Use Permit
standard regarding compatibility with the adjacent neighborhood raised at the
Public Hearing and by the Planning Commission have not been addressed by the
applicant. Has the compatibility standard been met by this plan without
modifications related to those noted issues? We have provided both resolution
drafts for approval and for denial of the applications based on Ordinance
noncompliance and failure to meet Conditional Use Permit standards.
Should the Planning Commission concur that additional plan modification is
required, and if the applicant states his intention to make such
modifications, I recommend the applications be again deferred for redesign and
resubmission rather than redesigned "at the table" or by verbal conditions of
approval. _
Submitted by:
C arles E. Dilleru , Community Development Coordinator
ATTACHMENTS:
1. Resolution Approving Site Plan, Conditional Use Permits, and Variance
2. Resolution Denying Site Plan, Conditional Use Permits, and Variance
3. Engineer's Memorandum
4. Location Map
5. November 29, 1989, Planning Commission Minutes
6. November 1, 1989, Staff Report
7. Large Plans
pc /cd/89086:dl)
APPROVING SITE PLAN, CONDITIONAL USE PERMITS, AND VARIANCE FOR MEDICINE LAKE
LUTHERAN CHURCH (89086)
WHEREAS, Medicine Lake Lutheran has requested approval of a Site Plan and
Conditional Use Permits for a place of worship, church spire, and private
school; and variance to defer off - street parking for property located at the
southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford
Road); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby does approve the request for Medicine Lake
Lutheran Church for a Site Plan, Conditional Use Permits, and variance to
defer off - street parking for property located at the southwest corner of
Zachary Lane and Old Rockford Road (1115 Old Rockford Road), subject to the
following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of Building Permit issuance.
3. Provisions for a 30 -foot wide trail per Comprehensive Park Plan, as
verified by the Parks and Engineering Departments, with submittal of
detailed plans as to construction of the trail per City standards.
4. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
5. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
6. Any signage shall be in compliance with the Ordinance and approved Site
Plan.
7. Any and all subsequent phases or expansions are subject to required
reviews and 'approvals as to Conditional Use Permit and Site Plan per
Ordinance provisions. Plans submitted for building permit review shall
delete all reference to future additions or expansions.
8. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
9. All waste and waste containers shall be stored within the enclosure, and
no outside storage is permitted.
10. An 8 -1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted
prior to the release or reduction of any site improvement bonds per City
Policy.
see next page)
Resolution No.
File 89086
Page Two
11. A variance to the Zoning Ordinance minimum standards for off - street
parking is hereby approved gm( with respect to deferral of construction
for 74 of the 189 spaces required by Ordinance for the currently proposed
structure. A condition of the variance is recording of a covenant upon
the property, prepared by the petitioner and to be approved by the City
Attorney, providing for construction of the 74 deferred parking spaces by
the petitioner when directed by the City of Plymouth.
12. The petitioner shall submit evidence of a valid and current state
license /certificate prior to issuance of the Conditional Use Permit
related to the school.
13. Prior to issuance of a building ermit all existing structures on the site
shall be removed, and all wel
building
systems and public utilities shall
be capped, removed, or disconnected consistent with applicable codes.
DENYING SITE PLAN, CONDITIONAL USE PERMITS, AND VARIANCE FOR MEDICINE LAKE
LUTHERAN CHURCH (89086)
WHEREAS, Medicine Lake Lutheran has requested approval of a Site Plan and
Conditional Use Permits for a place of worship, church spire, and private
school; and variance to defer off - street parking for property located at the
southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford
Road); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends denial;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby does deny the request for Medicine Lake
Lutheran Church for a Site Plan, Conditional Use Permits, and variance to
defer off - street parking for property located at the southwest corner of
Zachary Lane and Old Rockford Road (1115 Old Rockford Road), based on the
following findings:
1. The project plans do not comply with the provisions of Section 10,
Subdivision B, paragraph 5d of the Zoning Ordinance in regard to screening
of the off - street parking areas (proposed and future) from the residence
district adjoining to the south.
2. The conditional uses will be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted.
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: November 20, 1989 Revised January 18, 1990
FILE NO.: 89086
PETITIONER: Mr. John Rieschl, President of Congregation, 3110 Medicine Lake
Boulevard, Plymouth, MN 55441
SITE PLAN: MEDICINE LAKE LUTHERAN CHURCH AND ACADEMY
LOCATION: South of Old County Road 9, west of Zachary Lane, in the northeast
1/4 of Section 14
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. X SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No. 1 and
No. -
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4. Area assessments estimated - None
5. Other additional assessments estimated: Watermain Lateral
Assessment based on 280 feet 165 feet Rreviously assessed - 115
feet x S18-63 a foot - S2-142.45. Sanitary sewer lateral based on
280 feet times S22.93 a foot - S6,420.40. The lateral assessments
shall be Raid with a building permit or the Medicine Lake Lutheran
Church and Academy may sign a Waiver of Assessment Hearing and
Assessments will be spread over five years at 8% interest.
LEGAL/EASEMENTS /PERMITS:
6. _ X Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as' the site plan
approval.
7.
N/A Yes No
8. X --
9. X --
10. — — X
11. - -X
Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required
it is necessary for the owner to submit separate easement documents
executed and in recordable form prior to the issuance of any
building permits.)
Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100
year high water elevation and conformance with the City's
comprehensive storm water requirements.
All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated. The existing
storm sewer easement along the north plat line.
The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
N/A Yes No
12. x All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
Hennepin County
MPCA
State Health Department
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
13. _ X — Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their recommendations
shall be incorporated in a revised plan. The grading and drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
14. _ X Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
15. _ X Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
16. _ X _ Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. _ X
18. _ X
19. X
20. _ _ X
21. _ X
Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W -2. This plate should be
referenced on the site plan.
Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
All existing street right -of -ways are required width -
Additional right -of -way will be required. An additional ten feet of
right-of-way will be required along the east urooerty line for
Zachary Lane making the total distance from centerline 40 feet.
Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
140
N/A Yes No
22. _ X Curb and gutter provided -
The City requires B -612 concrete curb and gutter at all entrances
and where drainage must be controlled, Curb Stone may be used where
it is not necessary to control drainage. For traffic control either
B -612 or curb stone is required around the bituminous surfaced
parking lot. The site plan shall be revised to indicate compliance
with this requirement.
23. X _ Complies with parking lot standards -
The City will require that all traveled areas within the parking
lot, as well as the proposed entrances, shall be constructed to a
7 -ton standard City design with six inches of Class 5 100% crushed
limestone and three inches of 2341 wear or five and one -half inches
of 2331 base and two inches of 2341 wear. All parking areas may be
constructed to a standard 5 -ton design consisting of four inches of
Class 5 100% crushed base and two inch bituminous mat. The site
plan shall be revised to indicate compliance with these
requirements.
STANDARDS:
N/A Yes No
24. X It will be necessary to contact Bob Fasching, the City's utility
foreman,
24 hours in advance of making any proposed utility connections to
the City's sanitary sewer and water systems. The developer shall
also be responsible for contacting Jim Kolstad of the Public Works
Department for an excavating permit prior to any digging within the
City's right -of -way. All connections to the water system shall be
via wet tap.
25. _ X The City will require reproducible mylar prints of sanitary sewer,
water service and storm sewer As- Builts for the site prior to
occupancy permits being granted.
26. X The site plan complies with the City of Plymouth's current
Engineering Standards Manual. Item No's 7. 11 12 20. 23. and 27A.
5-
27. A. Special care shall be taken where the sanitary sewer passes above the existing
watermain along Zachary Lane.
B. A 30 foot wide trail easement shall be provided in recordable form along
Zachary Lane.
C. The driveway culvert shall be relocated to the centerline of the drainage
ditch adjacent to Zachary Lane.
D. No trees shall be placed in the street right -of -way of Zachary Lane.
E. Silt fence shall be placed in the drainage ditch along Zachary Lane at the
storm sewer outlet south of the parking lot.
F. The existing ditch along Old County Road 9 shall be regraded from the plugged
storm sewer to the new 24" storm sewer.
G. Plug existing storm sewer crossing under Old County Road 9 with concrete.
H. A permanent drainage and utility easement shall be provided along the south
side of the parking lot for the drainage ditch.
I. The storm sewer will have to be extended to the west plat line when the future
parking lot is constructed, this will be a public storm sewer.
J. Contact Tom Vetsch at 550 -5093 for a permit to construct the storm sewer in
Old County Road 9 and sanitary sewer and storm sewer in Zachary Lane.
K. The revised grading plan moves the berm closer to the west property line.
Special care shall be taken to ensure a swale is provided within the 6 foot
drainage and utility easement to maintain drainage to the south.
L. The 15" storm sewer at Zachary Lane shall be increased to 18" RCP to handle
the 6 CFS flow. The 15" storm sewer proposed has a capacity of only 4.1 CFS.
M. The roof drainage shall be directed to the parking lot and not to the
playground area to minimize the drainage to the west.
N. Because of the shallow depth of the sanitary sewer across the parking lot,
insulation shall be provided.
D
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
NOVEMBER 29, 1989
0
The Regular Meeting of the City of Plymouth Planning
Commission was called to order at 7:30 p.m.
MEMBERS PRESENT: Commissioners John Wire, Hal Pierce
Dennis Zylla, Joy Tierney, Larry Marof
and Michael Stulberg.
MEMBERS ABSENT: Chairman Richard Plufka.
STAFF PRESENT: Coordinator Charles lerud, City
Engineer Dan Fau er, and Sr.
Clerk /Typist Denise nthier.
1 1 _
MOTION bZff"nn er T' hey, seconded by Commissioner MOTION TO APPROVE
Wire, to utes for the November 8, 1989,
Planning eeting subject to the following
changes:
On page ph 10, in the MOTION by Commissioner
Marofsky, "on Sundays" should be deleted at the
end of th
On pa 254, paragraph 8, in the first sentence, the words
an the MOTION to approve" should be inserted before the
ds "on the table ".
Vote. 5 Ayes. Commissioner Zylla abstained.
Vice Chairman Stulberg introduced the request of Medicine
Lake Lutheran Church for a Rezoning, Site Plan, Conditional
Use Permits, and variance to construct a place of worship
and day school on property located at the southwest corner
of Zachary Lane and Old Rockford Road (1115 Old Rockford
Road) .
Coordinator Dillerud gave an overview of the November 1,
1989, staff report.
Commissioner Marofsky noted that the Site Plan shows the
roof height to be 45 feet, and the Zoning Ordinance standard
for the R -1A District is 35 feet.
MOTION CARRIED
MEDICINE LAKE .LUTHERAN
CHURCH (89086)
Planning Commission Meeting
November 29, 1989
Page 259
Vice Chairman Stulberg introduced Jack Ovick, the architect
representing the petitioner.
Mr. Ovick stated that the church structure was to be placed
on the north end of the site because of the quality of the
soils. He stated that the building was designed with slope
roofs and shingles in order to be in, character with the
residential neighborhood. He stated that there would be no
summer school, and the traffic would be at a minimum because
of their busing system. He further stated that they spoke
with the neighbors to the west, and most of them said they
did not want buffering, but rather to leave the west
property line open for easy access by neighboring children
to the playground.
Commissioner Stulberg asked Mr. Ovick if he agrees with the
conditions set forth by staff in their report.
Mr. Ovick responded affirmatively except with respect to
conditions related to drainage found in the Engineer's
Memorandum.
Commissioner Marofsky asked Mr. Ovick if he had discussed
the matter of a fire lane with staff in regard to the future
addition.
Mr. Ovick responded affirmatively.
Coordinator Dillerud stated that a fire code variance has
been requested and recommended for approval by the Fire
Chief to not construct fire lanes on the east, west, and
north sides of the structure upon conditions related to
additional fire fighting features to be added to the
structure.
Commissioner Zylla asked Mr. Ovick if they have prepared a
colored rendering.
Mr. Ovick responded negatively, and stated that they will
address the building .appearance in greater detail after
their Conditional Use Permit is approved.
Commissioner Zylla asked Mr. Ovick if he realized that staff
still does not find the buffering consistent with Zoning
Ordinance standards.
Mr. Ovick responded that they have hired a landscape
architect to address the situation.
Commissioner Pierce asked staff how many parking spaces are
required by the Ordinance if the addition is built later.
Coordinator Dillerud responded that future additions have
not been considered in staff review, and future additions
are specifically not recommended for approval.
Planning Commission Meeting
November 29, 1989
Page 260
Mr. Ovick stated that the addition would be used as a
kitchen or storage area; therefore, he thought no additional
parking would be required.
Vice Chairman Stulberg opened the Public Hearing.
Vice Chairman Stulberg introduced Linda,Cramer of 11210 42nd
Avenue North.
Ms. Cramer did not have comments at that time.
Vice Chairman Stulberg introduced Joan Denis of 5105 Norwood
Avenue North.
Ms. Denis stated that she is in support of this proposal.
She stated it will be a good addition to their neighborhood,
and she expressed her desire to enroll her children in a
Bible -based school near her home.
Vice Chairman Stulberg introduced Lou Hermanek of 11160 40th
Avenue North.
Mr. Hermanek stated he resides on the southwest tip of the
proposed site, and he is in opposition of this proposal. He
stated that one of the reasons he purchased his home was
because of the heavily wooded area in his rear yard. He
expressed his concern of losing most of the woodlands and
having a parking lot for his view. He asked how much of the
woodland and bike trail would be preserved and if the
proposed parking lot would be 30 feet from his property
line.
Coordinator Dillerud responded that the grading plan shows
most of the trees being preserved, but the landscape plan
shows some of the trees being cut down and replaced with new
ones. He further stated that the bike trail would not be
impacted, and that 30 feet would be the closest the proposed
parking lot could come to Mr. Hermanek's property line
because of the 30 -foot setback requirement of the Zoning
Ordinance.
Mr. Ovick stated that it is their intention to selectively
cut old, damaged trees and replace them with new ones.
Vice Chairman Stulberg introduced JoAnn Kraft of 4345
Oakview Lane North.
Ms. Kraft stated she is in support of this proposal. She
expressed her desire to have her child enrolled in a
Christian education school in a suburb rather than busing to
Minneapolis. She stated that the children enrolled in this
school will be well- behaved and well- supervised by the
staff. She stated that residents of Plymouth cannot expect
the City to stay as a reserve for wildlife forever.
Planning Commission Meeting
November 29, 1989
Page 261
Vice Chairman Stulberg introduced Len Riley of 11340 47th
Avenue North.
Mr. Riley stated he has been a resident of Plymouth for 4
years, and he is in support of this proposal. He stated the
school will be an asset to the community, and he expressed
his desire to enroll his children in & private school such
as this. He stated Medicine Lake Lutheran Church chose a
very nice location to build. He further stated he was in
support of the height of the church spire. He stated the
spire gives a sense of security.
Vice Chairman Stulberg introduced David Wehrman of 11625
40th Avenue North.
Mr. Wehrman stated he has been a resident of Plymouth for 9
years, and he is in support of this proposal. He stated he
was excited to have Medicine Lake Lutheran Church a part of
the community, and stated he felt it will blend in well with
the neighborhood. He also expressed his desire to have a
private school in the suburbs so parents would not have to
bus their children all the way to Minneapolis to attend a
private school.
Vice Chairman Stulberg introduced Gerald Woessner of 4200
Cottonwood Lane North.
Mr. Woessner stated that he moved to Plymouth from New Hope
about one month ago, and his reasons for moving were to get
away from a school that was adjacent to his property. He
stated he was in opposition of this proposal. He stated the
proposed development is being built in a mature neighborhood
and that it is too large of a development to fit in such a
small area. He stated that the church will be in operation
7 days and nights a week, creating much traffic and noise.
He stated that there is no way to shelter the west side of
the site because the church is on a much higher elevation
than the homes to the west. He noted that trees and bushes
will take many years to grow before becoming a buffer to
those homes, and a fence is too unsightly. He further
stated that the property values of their homes will decrease
tremendously, and noted Medicine Lake Lutheran Church owns
other land in the City that would be suitable for a church
building of this size.
Vice Chairman Stulberg stated to Mr. Woessner that property
value is an item to be addressed with the City Council and
that neither the City Council nor the Planning Commission
has the authority to tell a petitioner where else to build.
Vice Chairman Stulberg introduced Duane Cramer of 11210 42nd
Avenue North.
Planning Commission Meeting
November 29, 1989
Page 262
Mr. Cramer stated he resides across the street from the
proposed development, and indicated he was in opposition to
this proposal. He stated he is concerned about the
screening, sound, and light. He stated that because of the
height of the proposed structure, it would be impossible to
screen effectively. He stated he likes the woodlands across
the street because they currently act,as a buffer to the
traffic noise from Zachary Lane.
Mr. Cramer indicated he had spoken with the president of
Mission Hill Homeowners Association who asked Mr. Cramer to
speak for him at this meeting since he was not able to
attend. Mr. Cramer stated that he is also in opposition of
this proposal and that no notice was given to the Homeowners
Association regarding this.
Mr. Cramer further stated that Medicine Lake Lutheran Church
is proposing too large a project for the site.
Vice Chairman Stulberg introduced Linda Cramer of 11210 42nd
Avenue North.
Ms. Cramer stated that she is in opposition of this proposal
also. She indicated that it would be disruptive for the
residents and that Medicine Lake Lutheran Church should
develop in a commercial district. She stated that most of
the neighbors immediately impacted by this proposal are
opposed of it.
Vice Chairman Stulberg introduced Mark Beltrand of 4120
Balsam Lane North.
Mr. Beltrand indicated that his property adjoins the
proposed site and stated that he does not oppose to the
church or private school but rather the drainage ditch and
the proposed buffering of the site. He indicated that the
drainage ditch is an eyesore and a safety factor for his
younger child. He indicated a desire to have buffering from
his property to the site.
City Engineer Faulkner stated that it is a requirement of
the Engineer's Memorandum to move the drainage east to
Zachary Lane.
Commissioner Pierce asked City Engineer Faulkner if there
was any water presently in the ditch.
City Engineer Faulkner responded negatively.
Vice Chairman Stulberg closed the Public Hearing.
Commissioner Wire informed Chairman Stulberg that he will
step down from discussion and voting on the application.
Planning Commission Meeting
November 29, 1989
Page 263
Commissioner Marofsky asked staff why the parking plan shows
16 feet east to west with a 2h -foot overhang when the
Ordinance requires 18 feet without an overhang.
Coordinator Dillerud responded that it has been past policy
that when a parking lot abuts a structure, the full 18 feet
is required; therefore, the parking plan is acceptable
because does not abut a structure.
Commissioner Marofsky asked staff if the developer is
allowed to pave the additional 2h -foot overhang.
Coordinator Dillerud responded affirmatively, assuming
proper setbacks are maintained.
Commissioner Marofsky asked staff how the building height
was measured.
Coordinator Dillerud responded that the building has two
elevations and that the front is considered the guiding
elevation. Since Old Rockford Road is the most narrow
street frontage, that is considered "front" and that grade
is controlling in determining building height.
Commissioner Pierce asked staff if they have consulted with
the City Forester regarding this proposal.
Coordinator Dillerud responded that where no plat is
proposed, the forester is not involved until just before the
developer applies for a building permit.
Commissioner Zylla asked staff if the imperious coverage
calculated and shown is based on parking deferred by the
plan.
Coordinator Dillerud responded affirmatively.
Commissioner Marofsky asked staff if the developer could
turn the building 90 degrees and face Zachary Lane to
provide a better buffer.
Coordinator Dillerud responded that that would create more
of a structure bulk to be viewed from the west. He also
stated that a fence is not a very good buffer because they
tend to get run -down.
Commissioner Pierce stated that the proposed plan shows the
hedges to be below the berm level and that they should be
placed on the berm top.
Commissioner Tierney stated that the proposed playground
could create a noisy environment and it should be moved away
from the west property line.
Planning Commission Meeting
November 29, 1989
Page 264
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE REZONING
Tierney, to recommend approval of the proposed rezoning from
FRD to R -1A, subject to the conditions set forth by staff.
Roll Call Vote. 5 Ayes. Motion Carried. VOTE - MOTION CARRIED
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO DEFER
Zylla, to defer the proposal due to it not meeting Condition
No. 3 of the Conditional Use Permit standards related to the
design and landscaping being inadequate to reduce the impact
on neighboring properties.
Roll Call Vote. 5 Ayes. Motion Carried.
Commissioner Zylla suggested the petitioner meet with the
neighborhood to attempt to have more of a consensus at the
next meeting. He further stated that it would be helpful to
have a colored pencil sketch of the Site Plan.
Commissioner Tierney requested staff to provide additional
analysis on the grade and spire.
Vice Chairman Stulberg requested staff to send out another
one -week notice to those that spoke at the Public Hearing.
VOTE - MOTION CARRIED
Vice Chairman Stulberg introduced the request by Kingsview KINGSVIEW HEIGHTS N
Heights Homeowner Association for an RPUD amendment to ASSOCIATION (89096)
permit project identification signs at the northwest corner
of Juneau Lane and County Road 9 and at the southwest corner
of 44th Avenue North and Fernbrook Lane.
Vice Chairman Stulberg waived the overview of the October
25, 1989, staff report.
Vice Chairman Stulberg introduced Randy Nord, represent
the petitioner.
Mr. Nord noted an error on the approving reso ion. In
Condition No. 2, the sign setback from Rockf Road should
be 17.25 feet and not 17.75 feet.
Coordinator Dillerud stated he woul ake that change.
Vice Chairman Stulberg opened a Public Hearing. There was
no one to speak on the issu .
Vice Chairman StulbercyC*fosed the Public Hearing.
MOTION by Comm' Toner Wire, seconded by Vice Chairman
Stulberg, to ecommend approval of the RPUD amendment
requested the Kingsview Heights Homeowner Association to
rm it o project identification signs at the northwest
r of Juneau Lane and County Road 9 and at the southwest
er of 44th Avenue North and Fernbrook Lane, subject to
MOTION TO APPROVE
THE ARCHITECTURAL OFFICES,
PROFESSIONAL ASSOCIATION
TO: City of Plymouth
Attn: Mr. Chuck Dillerud
FROM: Mike Glassing
DATE: 09 January 1990
Medicine Lake Lutheran
Chuch & Academy
Comm. No. 90142
7 —
JAN I C 1990
Ni H
COP 1W /;UAI CEVE- LO'MENT DEPT.
SUBJECT: Medicine Lake Lutheran Church & Academy >'y
On behalf of Medicine Lake Lutheran Church & Academy, please schedule
Medicine Lake Lutheran Church & Academy on the agenda for the upcoming
Planning Commission Meeting on January 24, 1990.
The Medicine Lake Lutheran Church & Academy Building Committee met
with the Mission Hills Homeowners Association on Monday evening,
January 8, 1990 and discussed the proposed site plan and intended
changes to be made in berming and screening.
The amended drawings and additional drawings showing the intended
changes have been submitted to the City of Plymouth January 05, 1990
with reeard to items indicated in DRC review letter dated December 18,
1989.
Please contact us if there are any items that have not been addressed
or if for any reason the Medicine Lake Lutheran Church & Academy cannot
be scheduled on the agenda for the upcoming Planning Commission review
on January 24, 1990.
MG /dn
cc: Mr. Sam Dyrud
ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520
5. A.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: November 1, 1989 COMMISSION MEETING DATE: November 29, 1989
FILE NO.: 89086
PETITIONER: Medicine Lake Lutheran Church
REQUEST: Rezoning, Site Plan, Conditional Use Permit, and Variance
to Construct a Place of Worship and Day School
LOCATION: Southwest Corner of Zachary Lane and Old Rockford Road
1115 Old Rockford Road)
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
There have been no previous planning applications for this particular
property. There is a single family dwelling and accessory structure.
Notice of the Public Hearing for the rezoning and Conditional Use Permit has
been published in the official City newspaper, and all property owners within
500 feet have been notified. A development sign was also placed on the
property.
PRIMARY ISSUES AND ANALYSIS:
1. The petitioner proposes a rezoning from FRD (Future Restricted
Development) District to R -1A (Low Density Single Family Residential)
District which is consistent with the Land Use Guide Plan for this
property. They propose a Site Plan, Conditional Use Permit, and variance
for the construction of a place of worship.
2. The Conditional Use Permit is for the operation of the place of worship to
be used for worship services on Sunday and Wednesday evenings along with
Christian Education School to be operated weekdays from 8:30 a.m. to 4:00
p.m. with some extracurricular activities in the evenings and weekends,
and for the structure to exceed the 35 -foot height requirements in the R-
1A District. The steeple of the church is proposed to be approximately
66.5 feet above grade. A Conditional Use Permit is required for spires
that exceed the Zoning District height maximum of 35 feet.
see next page)
Page Two
File 89086
3. The variance is from the minimum parking requirements to construct 115 of
the required 189 spaces for this facility - -a deferral of 74 spaces.The
petitioner has demonstrated on the Site Plan that sufficient site area
exists to construct all 189 parking spaces.
4. The Conditional Use Permit is requested responsive to Section 7,
Subdivision C, paragraph 15, where places of worship are allowed uses in
the R -1A Zoning District by Conditional Use Permit. A secondary
Conditional Use Permit is responsive to Section 10, Subdivision C,
paragraph lc, where height limitations set forth in the Ordinance may be
increased by Conditional Use Permit when applied to church spires. A
third Conditional Use Permit is required responsive to Section 7,
Subdivision C, paragraph 14, to permit a private school (AU school as
distinguished from Sunday school, which is an accessory use to a church)
facility. The applicant proposes the day school for 150 to 175 children
in grades kindergarten through eight.
5 The Planning Commission recommendation with respect to the Conditional Use
Permits must be responsive to the provisions of Section 9 of the Zoning
Ordinance wherein six specific standards must be used as the basis for the
Planning Commission recommendation. The petitioner has provided, by his
letters of September 11 and 14, 1989, responses to the six Conditional Use
Permit findings.
6. The variance from the provisions of Section 10, Subdivision B, Table 2, of
the Zoning Ordinance has been applied for to allow deferred parking where
a total of 189 spaces are required, and the petitioner proposes to
construct 115 spaces. The Planning Commission recommendation with respect
to the variance criteria must be responsive to the provisions of Section
11, Subdivision C, paragraph 2d, of the Zoning Ordinance wherein six
specific standards must be used as the basis for the Planning Commission
recommendation. The petitioner has provided, by his letter of September
11, 1989, responses to the six variance standards.
It should be noted that the variance does not deal with the parking
standard as much as the timing of construction. Over - building of the site
vis -a -vis off - street parking is not proposed.
7. The Site Plan review is responsive to Section 11, Subdivision A, of the
Zoning Ordinance. The plan is responsive to building and parking setback
requirements, lot area (5.87 acres versus 30 acres), lot coverage by
structures (6.6 percent versus 20 percent), impervious surface coverage
45.3 percent versus 50 percent), landscaping requirements, signage, trash
containment (enclosure), and screening of roof top units (no R.T.U.s
proposed).
see next page)
Page Three
File 89086
8. The physical constraints analysis identifies this property to be located
within the Basset Creek Drainage District. The site does not contain any
wetlands nor is it within a Shoreland Management or Flood Plain Area. The
site does not contain any major woodlands but does have some slopes of
greater than 12 percent located approximately 100 feet south of Old County
Road 9. The site contains some unsuitable soils for urban capability with
public sewers.
9. The entire structure is proposed to be clad in lap siding. Paint color
would be a shade of white. With the hip roof design and lap siding finish
the structure would appear to be responsive to the finish of other
structures in the neighborhood, as is intended by the City of Plymouth's
standards and criteria regarding site and building aesthetics and
architectural design.
10. The Zoning Ordinance (Section 10, Subdivision B, paragraph 5d) provides
that off - street parking "near or adjacent to" residence districts shall be
screened by fence or landscape buffer. The Zoning Ordinance defines a
landscape buffer as providing 90 percent capacity throughout the year.
The applicant proposes landscape screening of the proposed off - street
parking with a combination of coniferous /deciduous trees and a 4 -foot
hedge along the west property line adjacent to parking to be constructed;
deciduous trees and the 4 -foot hedge along the west property line, where
deferred parking (by variance) is proposed; the 4 -foot hedge only on the
south property line adjacent to deferred parking; and, deciduous trees
only along the east property line (Zachary Lane).
PLANNING STAFF COMMENTS:
1. The rezoning is consistent with the City Comprehensive Plan and the
surrounding R -1A Zoning.
2. The application has been reviewed for compliance with the physical
constraints analysis as required by the provisions of City Council
Resolution 79 -429. The application is found to be consistent with both
physical constraints and preservation areas of the constraints analysis.
3. The Site Plan has been reviewed by the Development Review Committee
responsive to the various City Ordinances and codes that impact such
development, and the Site Plan is found to be consistent with those codes
and policies, except as noted elsewhere. Specifically, the proposed Site
Plan provides the code required landscaping, structural setbacks, parking
and drive areas surfacing, trash enclosure detail, treatment of rooftop
equipment, and site drainage detail.
see next page)
Page Four
File 89086
4. Based on the demonstrated availability of site area upon which to
construct additional parking, we find the deferral of off - street parking
construction responsive to the criteria for a variance provided by the
Zoning Ordinance Dmjx upon the condition that the balance of the parking
required by Zoning Ordinance formula be constructed as determined to be
necessary by the City of Plymouth upon administrative finding.
5. The compatibility of the place of worship and private school proposed with
other property in the immediate vicinity relies substantially on the
ability of the petition to mitigate the "nonresidential" impacts of the
proposed uses with respect to adjoining properties that are directly
impacted. The design of the proposed Site Plan with respect to meeting
Ordinance requirements as to the buffering of off - street parking would
appear to be most critical with this site. Particularly with respect to
existing homes located immediately west of the site which were situated at
a higher elevation than the site, additional screening becomes a critical
design function.
We do not find that the existing plan responds to the Ordinance with
regard to screening on the Conditional Use Standards with respect to
neighborhood compatibility.
Options available to enhance the degree of screening over that which is
now proposed would be to increase the height and number of coniferous
plantings; redesign the grading plan to provide additional elevation upon
which plantings can be located to increase.the immediate impact; and /or
consider use of a fence.
6. Subject to the findings of No. 5 above, we find the Conditional Use Permit
application for a place of worship in the R -1A Zone to respond to the
standards of the Zoning Ordinance with respect to conditional uses. We
find also that the Conditional Use Permit to permit a spire in excess of
the Ordinance standard for height in the R -1A District is responsive to
the Conditional Use Permit standards of the Zoning Ordinance. Finally, we
find the Conditional Use Permit application for a private school within
the R -1A District responsive to the standards for a Conditional Use
Permit.
With respect to the Conditional Use Permit for the place of worship and
the private school, our finding as to consistency with the standards of
the Zoning Ordinance extends only to the area related to the initial
construction proposed by the Site Plan. The "area of possible future
addition" as shown on the Site Plan is specifically excluded with our
findings with respect to Conditional Use Permit consistency with the
standards of the Zoning Ordinance.
see next page)
Page Five
File 89086
RECOMMENDATION:
Staff does not believe the landscape /grading /Site Plans now proposed
adequately address the issue of buffering of the off - street parking from
existing residences to the west and south. We recommend deferral of approval
recommendations with direction to the petitioner to submit amended plans that
better address buffering of the proposed parking areas. We find the need for
such additional screening /buffering responsive to the Conditional -Use Permit
Ordinance standard related to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted in addition to specific
Ordinance standards for parking lot screening and buffering.
Attached are draft actions providing for
Plan, Conditional Use Permit, and variance
should our deferranjercommendatim oat4e
Submitted by:
Charles E. Dillerud,
ATTACHMENTS:
the approval of the rezoning, Site
for consideration by the Commission
conc ith.
ity Development Coordinator
1. Draft Action for Approval of the Rezoning, Site Plan, Conditional Use
Permit and Variance
2. Engineer's Memorandum
3. Location Map
4. Petitioner's Narrative of September 11 and September 14
5. Conditional Use Permit Criteria
6. Variance Criteria
7. Large Plans
pc /cd/89086:dl)
APPROVING SITE PLAN, CONDITIONAL USE PERMIT, AND VARIANCE FOR MEDICINE LAKE
LUTHERAN CHURCH (89086)
WHEREAS, Medicine Lake Lutheran has requested approval of a Site Plan and
Conditional Use Permits for a place of worship, church spire, and private
school and variance to defer off - street parking for property located at the
southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford
Road); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby does approve the request for Medicine Lake
Lutheran Church for a Site Plan, Conditional Use Permits, and variance to
defer off - street parking for property located at the southwest corner of
Zachary Lane and Old Rockford Road (1115 Old Rockford Road), subject to the
following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of Building Permit issuance.
3. Provisions for a 30 -ft. wide trail per Comprehensive Park Plan, as
verified by the Parks and Engineering Departments, with submittal of
detailed plans as to construction of the trail per City standards.
4. Compliance with Policy Resolution No. 79 -80 regarding minimum floor
elevations for new structures on sites adjacent to, or containing any open
storm water drainage facility.
5. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
6. Any signage shall be in compliance with the Ordinance and approved Site
Plan.
7. Any and all subsequent phases or expansions are subject to required
reviews and approvals as to Conditional Use Permit and Site Plan per
Ordinance provisions. Plans submitted for Building Permit review shall
delete all reference to future additions or expansions.
8. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
9. All waste and waste containers shall be stored within the enclosure, and
no outside storage is permitted.
10. An 8 -1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted
prior to the release or reduction of any site improvement bonds per City
Policy.
11. A variance to the Zoning Ordinance minimum standards for off street
parking is hereby approved only with respect to deferral of construction
for 74 of the 189 spaces required by ordinance for the currently proposed
structure. A condition of the variance is recording of a covenant upon
the property, prepared by the petitioner and to be approved by the City
Attorney, providing for construction of the 74 deferred parking spaces by
the petitioner when directed by the City of Plymouth.
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THE ARCHITECTURAL OFFICES, Medicine Lake Lutheran
PROFESSIONAL ASSOCIATION Church & Academy
Comm. No. 89142
ors• lr. i. a- ! ?. u::
TO: City of Plymouth Planning Committee CEP 15 199
FROM: Architectural Offices
CITY OF PLYivlQU'm
DATE: 14 September 1989 COMMUNITY DEVELOPMENT DEPT,
SUBJECT: Request for Conditional Use Permit
Written Description of Proposed Use and
Conformance with Conditional Use Permit Standards
Written Description of Proposed Use:
The proposed use will be that which would normally be associated with
church /educational functions such as following:
1. Worship: Sunday - 9:30 AM and 11:30 AM
Wednesday - 7:30 PM
With some smaller group meetings weekday
evenings and weekends.
2. Christian Education: Weekdays - 8:30 AM to 4:00 PM
With some extracuricular activities evenings
and weekends.
Conformance with Conditional Use Permit Standards:
1. Medicine Lake Lutheran Church and Academy ( MLLCA) has made and will make
every effort to comply with the Comprehensive Plan as directed by the City
of Plymouth.
2. As a worship /christian education facility is desired by the congregational
members, the conditional use will serve to promote and enhance public
morals and welfare of the community, as the congregation is presently
made up of members of the Plymouth community. The church /academy is
already an integral part of the community and hopes to draw new members
from the surrounding area with the operation of the new facility.
The new facilities will be operated with the highest quality and integrity
and will not be detrimental to or endanger the public health, safety,
morals or comfort of the community, as none of the functions of the
facility involve any commercial or industrial operations.
3. MLLCA will not be injurious of the use and enjoyment of other property
in the immediate vacinity for the purposes already permitted, nor
substantially diminish and impart property values within the neighborhood.
ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520
Request For:
Conditional Use Permit
Page 2.
3. Continued
MLLCA plans to substantially upgrade the property with plantings and
groomed lawn as well as work with the City to hopefully find a better
resolution to the water treatment facility discharge which effects
both its property and adjacent neighboring property thereby increasing
property values.
4. MLLCA will not impede the normal and orderly development and improvement
of surrounding property for uses permitted in the District.
5. Adequate measures have been taken to provide ingress, egress and parking
in order to minimize traffic congestion in the public streets by providing
adequate on site parking and following the City's guidelines for
access and egress.
6. MLLCA will conform to the applicable regulations of the district in which
it is located.
MG /dn
THE ARCHITECTURAL OFFICES,
PROFESSIONAL ASSOCIATION
TO: City of Plymouth Planning Committee
FROM: Architectural Offices
DATE: 13 September 1989
SUBJECT: Written Narrative of Rezoning
Medicine Lake Lutheran
Church and Academy
Comm. No. 89142
MTTTONTT
SEP 15 1989
CITY OF PLYMOUTHCOMMUNITYDEVELOPMENTDEPT.
The property as described (see legal description) is required to
be rezoned from F.R.D., Future Restricted Development, to R -lA,
Low Density Single Family Res. District, with a conditional use
permit as specified by City of Plymouth Zoning Ordinance. The
proposed development will consist of a Worship /Christian Education
Facility. (See Conditional Use Application, Description of Proposed
Use, and Site Proposal).
MG /dn
cc: Mr. Sam Dvrud
ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520
THE ARCHITECTURAL OFFICES, Medicine Lake LutheranPROFESSIONALASSOCIATION
Church & Academy
Comm. No. 89142
TO: City of Plymouth Planning Committee
FROM: Architectural Offices
DATE: 11 September 1989
SUBJECT: Conditional Use Permit for Church Steeple
Along with a Conditional Use Permit for a building of this type
and usage, a Conditional Use Permit for a moderate church steeple
is requested on the basis that:
1. As an added design element it is in keeping with other buildings
of a similar nature.
2. In and of itself it is an indication of building type and usage.
3. The size and visual impact above the established height
limitation of 35' is minimal as opposed to the roof mass or
the mass of the building as a whole.
MG /dn
ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520
THE ARCHITECTURAL OFFICES, Medicine Lake Lutheran
PROFESSIONAL ASSOCIATION Church & Academy
Comm. No. 89142
TO: City of Plymouth Planning Committee
FROM: Architectural Offices
DATE: 11 September 1989
SUBJECT: Parking Variance for Medicine Lake Lutheran
Church & Academy
Medicine Lake Lutheran Church & Academy requests a variance on the
initial placement of required parking (Exhibit A) from 189 stalls
to 115 stalls in Phase I due to the following:
1. Soil conditions in the south end of the proposed parking lot
are conducive to a 2' to 4' of removal of top soils to be
replaced with granular fill. Soils engineers (G.M.E. Consultants)
indicate that a two year surcharge would be extremely helpful in
providing an adequate base for that section of the parking lot.
2. Medicine Lake Lutheran Church & Academy has a membership of
approximately 200 confirmed members with 250 persons possible
at special functions with a 50% projected growth rate in the
next 5 years. Parking needs for church functions are projected
to be 94 stalls (1 per 4 members) for 375 members with 115 stalls
provided in the first phase.
3. Since the multipurpose space will double as sanctuary and gymnasium,
academy and church functions utilizing this space will not be in
conjunction with one another. The size of the space is such that
it meets the needs of a junior high gymnasium with little space
available for seating when utilized in that capacity. Phase II
proof of parking (74 stalls) indicates that required parking, due
to the size of the multi - purpose space, is available and will be
surcharged for future paving during Phase I construction should
the need for additional parking be deemed necessary.
MG /dn
cc: Mr. Sam Dyrud
ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520
THE ARCHITECTURAL OFFICES,
PROFESSIONAL ASSOCIATION
With Regard to Variance Standards
The reasons stated for variance indicate compliance with variance
standards in that:
1. The variance is due in part to poor soil conditions.
2. These conditions are unique to this parcel of land.
3. No value increase or increased income potential is in any way
intended.
4. The difficulty arises out of immediately meeting parking requirements
per zoning ordinance.
5. The granting of the variance will not be detrimental to public welfare
as it has been shown (reasons 2 and 3) that required parking by
ordinance is not required by MLLCA in the initial phase of the
building.
6. Variance will not impair property values, increase traffic conjestion
or endanger public safety.
ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/866 -5520
THE ARCHITECTURAL OFFICES,
PROFESSIONAL ASSOCIATION
With Regard to Variance Standards
The reasons stated for variance indicate compliance with variance standards
in that:
1. The request is due to poor soil conditions and topographical conditions
indigenous to this particular site.
2. That these conditions are not generally applicable to the other
property with similar zoning in this area.
3. The purpose is not to increase income potential or value of the
property.
4. The difficulties or hardships incurred by complying with the fire lane
ordinance has not been created, but are obviously indigenous to this
site.
5. The granting of the variance is not injurious to other land or improvements
in the neighborhood but might actually be looked upon favorably by
neighboring sites due to less visible drive isles and less asphalt
paving adjacent to their lots.
6. The variance will not increase conjection in any way or increase the
danger of fire nor will it decrease property values within the
neighborhood.
ARCHITECTURE • PLANNING • RESEARCH • URBAN DESIGN • 6637 LYNDALE AVENUE SOUTH • MINNEAPOLIS, MN 55423 • TEL 612/666 -5520
November 20, 1989
NEW--
CITY OF
PLYMOUTI+
Mr. John Rieschl, President
Medicine Lake Lutheran Church
and Academy
3110 Medicine Lake Boulevard
Plymouth, MN 55441
SUBJECT: SITE PLAN FOR
MEDICINE LAKE LUTHERAN CHURCH AND ACADEMY
Dear Mr. Rieschl:
2 as
89086)
The Engineering Department has completed their review of the above
referenced Site Plan.
The Engineer's Memo has been submitted to the Planning Commission for
their consideration at the November 29, 1989, Planning Commission
meeting. If you have any questions regarding the contents of the
enclosed memo, please call me at extension 248.
i cerely y rs,
J hn R. Sweeney
ssistant Engineer
JRS:kh /
enclosure
cc: Fred G. Moore, Director of Public Works
Daniel L. Faulkner, City Engineer
Assistant Building Official
Robert C: Johnson, Senior Engineering Technician
3400 PLI.MGUTI I BOULEVARD. PLYMOUTI ;. MINNESO- A 55447. TELEPHONE (6 0 5594 803
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: November 20, 1989
FILE NO.: 89086
PETITIONER: Mr. John Rieschl, President of Congregation, 3110 Medicine Lake
Boulevard, Plymouth, MN 55441
SITE PLAN: MEDICINE LAKE LUTHERAN CHURCH AND ACADEMY
LOCATION: South of Old County Road 9, west of Zachary Lane, in the northeast
1/4 of Section 14
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed
use.
3. X SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No 1 and
No. 2•
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4. Area assessments estimated - None
5, Other additional assessments estimated: Watermain Lateral
Assessment based on 280 feet 165 feet previously assessed - 115
feet x S18-63 a foot - S2,142.45. Sanitary sewer lateral based on
280 feet times S22.93 a foot = S6,420.40. The lateral assessments
shall be paid with a building permit or the Medicine Lake Lutheran
Church and Academy may sign a Waiver of Assessment Hearing and
assessments will be sR read over five years at 8% interest.
LEGAL /EASEMENTS /PERMITS:
z.
6. _ X Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as' the site plan
approval. I
N/A Yes No
7. _ _ X Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required
it is necessary for the owner to submit separate easement documents
executed and in recordable form prior to the issuance of any
building permits.)
g. X _ _ Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100
year high water elevation and conformance with the City's
comprehensive storm water requirements.
9. X All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
10. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated. The existing
storm sewer easement along the north plat line.
11. _ X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
N/A Yes No
12. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
Hennepin County
MPCA
State Health Department
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
13. _ X _ Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their recommendations
shall be incorporated in a revised plan. The grading and drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
14. _ X _ Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
15. _ X Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
16. _ X _ Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
IMM
N/A Yes No
17. _ X _ Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W -2. This plate should be
referenced on the site plan.
18. _ X Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
19. X _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
20. _ _ X All existing street right -of -ways are required width -
Additional right -of -way will be required. An additional ten feet of
right -of -way will be required along the east Frouerty line for
Zachary Lane making the total distance from centerline 40 feet.
21. _ X _ Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
4-
N/A Yes No
22. _ X Curb and gutter provided -
The City requires B -612 concrete curb and gutter at all entrances
and where drainage must be controlled, Curb Stone may be used where
it is not necessary to control drainage. For traffic control either
B -612 or curb stone is required around the bituminous surfaced
parking lot. The site plan shall be revised to indicate compliance
with this requirement.
23. _ _ X Complies with parking lot standards -
The City will require that all traveled areas within the parking
lot, as well as the proposed entrances, shall be constructed to a
7 -ton standard City design with six inches of Class 5 100% crushed
limestone and three inches of 2341 wear or five and one -half inches
of 2331 base and two inches of 2341 wear. All parking areas may be
constructed to a standard 5 -ton design consisting of four inches of
Class 5 100% crushed base and two inch bituminous mat. The site
plan shall be revised to indicate compliance with these
requirements. All drive aisles within the parking lot shall be
seven ton design.
STANDARDS:
N/A Yes No
24. X It will be necessary to contact Bob Fasching, the City's utility
foreman,
24 hours in advance of making any proposed utility connections to
the City's sanitary sewer and water systems. The developer shall
also be responsible for contacting Jim Kolstad of the Public Works
Department for an excavating permit prior to any digging within the
City's right -of -way. All connections to the water system shall be
via wet tap.
25. _ X The City will require reproducible mylar prints of sanitary sewer,
water service and storm sewer As- Builts for the site prior to
occupancy permits being granted.
26. X The site plan complies with the City of Plymouth's current
Engineering Standards Manual. Item No's 7 11 12 20. 23. and 27A.
5-
SPECIAL CONDITIONS REOUIRED:
27. A. Special care shall be taken where the sanitary sewer passes above the existing
watermain along Zachary Lane.
B. A 30 foot wide trail easement shall be provided in recordable form along
Zachary Lane.
C. The driveway culvert shall be relocated to the centerline of the drainage
ditch adjacent to Zachary Lane.
D. No trees shall be placed in the street right -of -way of Zachary Lane.
E. Silt fence shall be placed in the drainage ditch along Zachary Lane at the
storm sewer outlet south of the parking lot.
F. The existing ditch along Old County Road 9 shall be regraded from the plugged
storm sewer to the new 24" storm sewer.
G. Plug existing storm sewer crossing under Old County Road 9 with concrete.
H. A permanent drainage and utility easement shall be provided along the south
side of the parking lot for the drainage ditch.
I. The storm sewer will have to be extended to the west plat line when the future
parking lot is constructed, this will be a public storm sewer.
J. The storm sewer from the drainage ditch to Zachary Lane shall be public. A
plan and profile sheet shall be submitted for this storm sewer.
K. Contact Tom Vetsch at 559 -2800, ext. 342 for a permit to construct the storm
sewer in Old County Road 9.
Submitted b Y
Daniel L. Faulkner, P. E.
City Engineer
6-
t
I' • r,,•, v •,.
IKM SWnCK 9, S[ OIYMCM A
2. p Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Camdssion for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a recommendation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning Commission shall review the application and consider its
conformance with the following standards:
1) compliance with and effect upon the Comprehensive Plan.
2) The establishment, maintenance or operation of the conditional
use will promote and enhance the general public welfare and will
not be detrimental to or endanger the public health, safety,
morals or comfort.
3) The conditional use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
4) The establishment of the conditional use will not impede the
normal and orderly development and of surrounding
property for uses permitted in the district.
5) Adequate measures have been or will be taken to provide ingress,
egress, and parking so designed as to minimize traffic
congestion in the public streets.
6) The conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
forms:o >pl /cup.stnd /s) 10/89
1. That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of the regulations were to be
carried out.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the same zoning
classification.
3. That the purpose of the variation is not based exclusively upon a desire
to increase the value or inccme potential of the parcel of land.
4. That the alleged difficulty or hardship is caused by this Ordinance and
has not been created by any persons presently having an interest in the
parcel of land.
5. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in
which the parcel of land is located.
6. That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
neighborhood.
forms:o >pl /zon. stnd /s) 10/89
Co. L3.
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: January 18, 1990
T0: Planning Comnii s on
FROM: Charles E. Di rud Community Development Coordinator
SUBJECT: LOT DIVISION /LO CONSOLIDATION AND VARIANCE FOR JOHN DEVRIES - 4925
VALLEY FORGE LANE (89101)
At the December 13, 1989 Planning Commission meeting the petitioner requested
that this item be deferred to a later Planning Commission Agenda. The
petitioner has requested that the item be again considered by the Planning
Commission at its meeting of January 24, 1990.
The only member of the public attending the December 13, 1989 meeting in
response to the courtesy notice that was submitted to adjoining property
owners was Sandy Lester, the resident on the landlocked parcel. Staff has
contacted Ms. Lester to inform her of the continued consideration by the
Planning Commission on January 24, 1990.
Attached please find a complete copy of the staff report materials that were
originally submitted to the Planning Commission on December 13, 1989.
pc /cd /89101.1:jw)
6o. A.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: December 5, 1989 COMMISSION MEETING DATE: December 13, 1989
FILE NO.: 89101
PETITIONER: John DeVries
REQUEST: Lot Division /Lot Consolidation and variance from the Zoning
Ordinance Pertaining to the Lot Width
LOCATION: 4925 Valley Forge Lane North
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: RPUD 86 -2 and R -IA (Low Density Single Family Residential)
BACKGROUND:
Under Resolution 86 -284A, the City Council approved the Planned Unit
Development Preliminary Plan /Plat, Conditional Use Permit, and variances for
Ivy Park Development, Inc. Subsequently, the City Council approved the RPUD
Final Plat and Development Contract for "Wild Wings Addition" for DeVries
Builders, Inc., under Resolution 86 -543. A condition of the Preliminary Plat
resolution, and ultimately the Development Contract, was that the William
Lester site, to the west of the plat, be provided access via a 20 -foot access
easement. This easement was provided to allow the Lesters access to their
property.
Property owners within 100 feet have been notified of this application as a
courtesy.
PRIMARY ISSUES AND ANALYSIS:
1. The petitioner proposes to divide /consolidate with respect to the two
adjacent lots that will effectively substitute for the 20 -foot easement
and allow the Lesters ownership of the 20 feet of property for access to
Valley Forge Lane. The west lot (Lot 5, Block 3, Skyline Hills Unit 1)
currently is of 21,738 square feet area with 185 feet of frontage on
platted, but ot constructed, 49th Avenue North. Access to this lot is by
a 20 -foot easement to Valley Forge Lane across the parcel to the east (Lot
7, Block 3, Wild Wings), which is currently 15,269 square feet in area.
The petitioner's proposal is to divide off the north 20 feet of east lot
Wild Wings) over which the easement now exists, and add the 20 -foot wide
parcel to the west lot (Skyline Hills). In addition, the petitioner
requests vacation of the half right -of -way of 49th Avenue North which
would be added to the area of the west parcel.
see next page)
File 89101
Page Two
After the proposed action, the west parcel would be 30,850 square feet•in
area and the east parcel will be 12,969 square feet in area. The Wild
Wings RPUD was approved with a 12,000 square -foot minimum lot size, and
therefore, the east lot will comply with the PUD Plan after the proposed
action.
2. The petitioner has petitioned the City to vacate that portion of 49th
Avenue North lying adjacent to the north end of Lot 5, Block 3, Skyline
Hills Unit 1. Due to grades of the land west of this site, 49th Avenue,
east of Wellington Lane, could not be constructed as a public street. The
vacation, if approved, will involve the entire length of unconstructed
49th Avenue North that exists as a half street right of way from
Wellington Lane easterly to the east line of the Lester lot.
3. The variance is for lot width at setback. Currently, the west lot has Do
lot width on an improved public street - -only on a "paper street ". After
division, the west lot will have 20 feet of frontage (width) on Valley
Forge Lane, and the Ordinance standard is 110 feet.
4. The Planning Commission may recommend a variance from the provisions of
the Zoning Ordinance as to specific properties when, in its judgement, an
unusual hardship on the land exists. We have attached a letter from the
petitioner which addresses the six Zoning Ordinance standards that must be
met for the Planning Commission to recommend approval of a variance. We
have also attached a copy of those Zoning Ordinance standards.
5. The properties are located within the New Hope Outlet Drainage District.
The site is not located within a Shoreland Management Area nor does it
contain any wetlands. The site does not contain any major woodlands or
severe slopes. The soils appear suitable for urban capability with public
sewers.
PLANNING STAFF COMMENTS:
1. The division of platted property, responsive to Section 500.37 of the City
Code, meets all submission requirements, and, standing alone, the division
would appear to be responsive to the City Code.
2. A hardship has been created from previous platting actions that have, in
effect, land- locked the Lester parcel from frontage on a constructed
street. The variance will legally confirm the physical fact that the
Lester parcel now has but 20 feet of actual frontage on a true public
street Valley Forge Lane).
see next page)
File 89101
Page Three
RECOMMENDATION: `
We hereby recommend adoption of the conditions for approval of the lot
division /lot conso ' ation and varian
Submitted by: tA A2
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Recommended Conditions for Approval of Lot Division /Lot Consolidation and
Variances
2. Setting Conditions to be Met Prior to Recording
3. Engineer's Memorandum
4. Location Map
5. Variance Criteria
6. Petitioner's Correspondence
7. Division Graphics
pc /cd /89101:dl)
SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION /LOT
CONSOLIDATION AND VARIANCE FOR JOHN DEVRIES (89101)
WHEREAS, the City Council has approved a lot division /lot consolidation and
variance for John DeVries for property located at 4925 Valley Forge Lane
North;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does direct the following
conditions to be met prior to filing of and regarding said lot division /lot
consolidation and variance for John DeVries for property located at 4925
Valley Forge Lane North:
1. Compliance with the City Engineer's Memorandum.
2. No yard setback variances are granted or implied.
3. Submittal of all necessary utility easements prior to filing lot
division /lot consolidation with Hennepin County.
4. Approved variances: Lot width 20 feet on Valley Forge Lane versus the
R -1A Zoning Ordinance standard of 110 feet.
5. The vacation of 49th Avenue North must be approved and filed with the
County prior to the lot division /lot consolidation being filed.
City of Plymouth
E N G I N E E R' S M E M O
to
Planning Commission & City Council
DATE: December 6, 1989
FILE NO.: 89101
PETITIONER: Mr. John DeVries, DeVries Builders, Inc., 7559 Mariner Drive,
Maple Grove, MN. 55369
LOT DIVISION /CONSOLIDATION:LOT 1, BLOCK 7, WILD WINGS ADDITION, LOT 5, BLOCK 3, SKY LINE
HILLS UNIT NO. 1
LOCATION: West of Valley Forge Lane, north of 48th Avenue, in the southwest
one quarter of Section 12.
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. x Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X SAC and REC charges will be payable at the time building permits are
issued.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Lot Division /Consolidation approval:
4. Area assessments: None
5. Other additional assessments estimated: R=
6. _ _ X Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required,
it is necessary for the owner to submit separate easement documents
executed and in recordable form prior to the issuance of any building
permits.)
N/A Yes No
7. X —
8. — —
9. -2L --
10. - - X
11. - -X
12. — X-
Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100 year
high water elevation and conformance with the City's Comprehensive
Storm Drainage Plan.
Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for -the following
lots:
All standard utility easements required for construction
The following easements will be required for construction of
utilities
All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way to
facilitate the development. This vacation is not an automatic
process in conjunction with the platting process. It is entirely
dependent upon the City receiving a petition for the vacation from
the property owner; therefore, it is their responsibility to submit a
petition as well as legal descriptions of easements proposed to be
vacated. The owner of Lot 5, Block 3 Sky Line Hills Unit 1 has
petitioned the City to vacate a portion of 49th Avenue.
The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
All existing street rights -of -way are required width -
Additional right -of -way will be required on
13. A. The existing driveway shall be reconstructed to be within the north 20 feet of
Lot 1, Block 7 Wild Wings Addition along with restoration. If necessary a
retaining wall shall be constructed along the north side of the driveway or a
easement obtained for filling from the adjacent property owner.
2
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B. The existing catch basins at the north end of Valley Forge Lane shall be shown
on the survey.
C. The catch basin will have to be constructed to a drive over catch basin.
Submitted by: "'` 1 rz `
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Daniel L. Faulkner, P. E.
City Engineer
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1. That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished fran a
mere inconvenience, if the strict letter of the regulations were to be
carried out.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the same zoning
classification.
3. That the purpose of the variation is not based exclusively upon a desire
to increase the value or income potential of the parcel of land.
4. That the alleged difficulty or hardship is caused by this Ordinance and
has not been created by any persons presently having an interest in the
parcel of land.
5. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in
which the parcel of land is located.
6. That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
neighborhood.
fonrs:o >pl /zon.stnd /s) 10/89
hil l IS'lES BUILDERS, INC . 1/17/91
7564 MARINER DRIVE
MAPLE GROVE, MN. 55369
r
City of Plymouth ,JAN 2.7
Mr. Dillerud
CITY, OF PLYMIOUTH
Dear Mr. Di 11 erud;
may ' i. tflMENT DEPT.
We believe the lot split and consolidation should be done for the
following reasons.
Lot 5 Block 3 Skyline Hills Unit No. 1 is owned by Sandy Lester. It is a
landlocked lot which makes it a unique situation. 49th Ave. was not
completed and the old roadway is also landlocked. When Wild Wings Add.
was platted in 1965, an easment was created to give Ms. Lester access to
her property. This has caused concern between Ms. Lester and the
Thompsons who own Lot 1 Block 7 Wild Wings Addition over maintenance
of the easment. Both parties would be much more comfotable with the
driveway access being owned and made part of Sandy Lesters lot.
If this was done Ms. Lester would end up with 20' of frontage on Valley
Forge Lane which would create need for a variance. Because of the
topography and existing platts, it is not possible to allow for more than a
20' frontage. If this is granted, Ms. Lester could improve this access with
an asphalt driveway knowing she would own this improvement. The gravel
drive now over the easment would be an upgrade to the surrounding
property owners and to the community. When 49th Ave. is vacated and
made part of Ms. Lesters property, the lot would no longer be landlocked.
This is obviously a very unique problem to this specific lot in Plymouth.
This action would not change any of the affected property owners
values either possitivly or negativly. This situation with 49th Ave. being
abandoned has been an awkward situation for some time. This action is not
detrimental to the public welfare of injurious or other land owners nor
will it effect the public transportation system.
Thank you eration,
John DeVries
DeVries Builders, Inc.
DEVRIEES BUILDERS, Inn.
6240 QUINWOOD LANE
MAPLE GROVE, MN 55369
Nov 7th 1989
To: The Neighborhood
From: John DeVires
DeVires Builders
6240 Quinwood Lane
Maple Grove, Mn 55369
612) 559 -6663
Dear Neighbors=
This letter is written to inform the Neighborhood of the proposed lot -split
and vacation of part of 49th Avenue North.
This proposal is on behalf of the Jim Thomson family who has purchased the
lot and home at 4925 Valley Forge Lane and Sandy Lestor who lives on 49th
Ave. N. For some time the Lestor!s have a6,gessed their home from Valley'
Forge Lane. This has been used because, as you know, 49th Ave. N. has
never been constructed.
What is proposed to be done is to convey a 20 foot wide parcel of land from
the north edge of the Thomas lot to the Lestor lot.:This would then give
Sandy Lestor ownership to that strip of land where her driveway is now.
Additionally, 49th Ave. N. is platted as a half wide street in this location
30 foot wide), and has never been constructed. Since 49th Ave. N. no longer
fits into the surrounding plans for the future developement of the north,
Sandy Lestor will be Petitioning the city of Plymouth to vacate the street that
lays along their north property edge. The street that abuts the Lestor lot
will then be conveyed to the Lestors.
If you have any questions or
free to cont me.
Sinc 1 ,,
e re
comments reguarding this matter, please feel